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DOL Issues New Guidance on Certain Aspects of ACA Implementation But Declines to Address 'Self-Implementing' Provisions
Littler Link to more items from this source
[Guidance Overview]
May 1, 2013

"[T]he FAQs explain that section 2706(a) [which states that 'group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable state law'] is a self-implementing provision, and that the federal agencies charged with enforcing ACA will not be issuing regulations on this section prior to its effective date. Similarly, the requirement imposed on non-grandfathered group health plans and issuers offering group or individual coverage regarding participation in approved clinical trials is deemed to be self-implementing. This provision becomes effective for the 2014 plan year, and the federal agencies do not intend to issue regulations prior to its effective date."

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